The Speaker of the Dewan Rakyat yesterday issued a statement saying that he will not issue a notice for the August House to convene for a special sitting at the request of Mahathir.
Many said that the Speaker was playing politics, and possibly because his son works for the DAP. However, I am in the opinion that the Speaker was right.
Any person who is to become a Minister must first take an oath of office and allegiance and an oath of secrecy in the presence of the Yang di-Pertuan Agong before taking office, as prescribed by Article 43(6) the Federal Constitution.
When Parliament is dissolved, the PM and cabinet remain in office as a caretaker government until a new government is formed and sworn in.
In this case, Mahathir resigned, and the Cabinet automatically resigns with him. His oaths of office, allegiance and secrecy are null and void. He is no longer a Prime Minister. He was appointed as an Interim PM, but there was no swearing-in ceremony. Constitutionally-speaking, he is NOT a Prime Minister.
Therefore, if he is not a PM, he cannot instruct the Speaker of the House to issue a notice to convene for a special sitting when Parliament is in recess according to Rule 11(3) of the Parliamentary Meeting Rules.
Anwar Ibrahim has been waiting for the past 22 years to become the PM. The closest he ever got there was 23 years ago when he became the acting Prime Minister for a short while. And then he got expelled from UMNO that was being led by Mahathir.
There may have been an understanding or even an agreement between Mahathir’s PPBM and PKR, DAP, and PAN that Anwar should become the PM after an X number of years of Mahathir being at the helm.
While Mahathir has never mentioned a specific date for a handover, Anwar has been selling the idea of him being the next PM to the public, forcing a perception that it is his right to take over the helm from Mahathir.
He even said to members of the press that he is open to the idea of Mahathir joining his cabinet. That is how cocksure he is of becoming the PM.
But, since when is the Prime Minister’s post the right of an individual? Even if a Prime Minister can determine his successor, only the Yang di-Pertuan Agong has the constitutional right to choose a Prime Minister.
Article 43(2)(a) of the Federal Constitution gives that right to the Yang di-Pertuan Agong to choose a Prime Minister from amongst the members of the Lower House whom he thinks has the confidence and support of the majority of the members.
Back during BN days it became a convention that the Yang di-Pertuan Agong chose the one named by the incumbent, but that was then. That was a time when BN commanded the majority in Parliament.
Unlike the BN, this is a government of motley crew. Helmed by a Prime Minister from a party with the least number of seats, support from within can go either way.
And to get a sure majority support, the Opposition has to be roped in; something unthinkable during the BN days. However, given a choice between the devil and the deep blue sea, I doubt that it is in the best interest of the Opposition to back someone seen to have the support of the DAP.
To put Anwar Ibrahim in that post in ways other than those prescribed in the Federal Constitution would be a revolution, and there is nothing democratic about revolutions.
It is the sole right of the Yang di-Pertuan Agong to choose a Prime Minister to lead his government. There is no other form of right agreed by all parties when this nation came into being. Dreamers can therefore continue to dream.
When the bill was passed on 18 August 1954 to pave way for the first Federal Elections, the Alliance set up a 30-man council to organise their election campaign.
A key feature in the campaign manifesto was to safeguard especially the promises to safeguard the rights and interests of the Malay and Chinese communities.
One of the key points agreed was the need for a common language as a national language. There was little doubt that the Malay language was to be upgraded as the national language. At the same time the manifesto guaranteed protection, growth and development for the language of other communities.
Lord Reid, who was tasked with drafting the Federal Constitution, presented that ‘Malay should be the national language and English should be retained as an official language for 10 years’ (Report of the Federation of Malaya Constitutional Commission 1957, para 170, London: HMSO CO No.330).
The final version of this part of the Federal Constitution can be found in Article 152, in Part XII.
When the Director-General of the Ministry of Education recently made an excuse on behalf of a school found to have its students singing the National Anthem ‘Negaraku’ in Mandarin, I attribute that to either his ignorance of the Federal Constitution and the special position of the Malay language, and also of the National Anthem Act, 1968.
To give a lame excuse that the anthem was sung NOT in a formal event was a bad move on his side. To give an even lamer excuse that the anthem was sung in Mandarin in order to help non-Malay students to understand the National Anthem made it even worse. Whoever advised the DG to say such things should offer his or her resignation right away. If there was no one advising, perhaps the DG himself should offer to resign.
There are only two versions of the Negaraku according to the National Anthem Act, 1968. In the attendance of the Yang di-Pertuan Agong, the full version is played. The shorter version is played in attendance of the Raja Permaisuri Agong or other Rulers AFTER the respective state’s song has been played.
You can find the score of the anthem in a schedule made under Section 2 of the said Act, and also the lyrics. The lyrics is in neither Mandarin nor Arabic. It is in Malay, the national language. There are no other versions of the Negaraku.
Therefore, be it an official or unofficial event, the Negaraku has to be sung in Malay, and not in any other language. There is no unofficial version of the Negaraku in the Act.
To help non-Malay students understand and embrace the meaning of the lyrics of the anthem, you can print its meaning in whatever language that you want, but the anthem shall be sung in Malay.
Some detractors used the excuse that the Negaraku was adapted from a French tune called ‘La Rosalie’ which was said to have been composed by Pierre-Jean de Béranger. But there is no evidence to support this as de Béranger was a lyricist whonwas known to have used the tunes of others for his songs. Perak was the first to use the tune for its state anthem ‘Allah Lanjutkan Usia Sultan’ in the 19th century.
But whatever song a national anthem was adapted from, you sing it as it should be sung, according to its lyrics. ‘God Save the Queen’ came from a popular Scottish tune, ‘Remember O Thou Man’ and was used in the national anthem of Iceland, Liechtenstein and Switzerland. The ‘Star Spangled Banner’ was adopted from a popular English song, ‘To Anacreon in Heaven’.
But we never hear the Hindi version of ‘God Save the Queen’ in schools in England, nor have we ever heard of a Mexican version in schools in the US. A national anthem is a national symbol, like the national flag. It is to be sung with respect and honoured as a rallying point – a symbol of unity.
To suggest otherwise or to make excuses to defend stupidity is just blasphemous.
Perak-born Che Dat bin Anjang Abdullah, otherwise known as Abdullah CD, was a top ranking member of the Communist Party of Malaya. He was once captured during the early months of the First Emergency (1948-1960) in Pahang and was sent to an internment camp in Melaka. As the camp was new, Abdullah CD and other detainees were tasked as labourers to complete the construction of the camp. There he met with a Malayan Civil Service official who was transferred to the camp to supervise its construction. Abdullah CD became friendly with this official and they frequently had casual talks. That night, Abdullah CD escaped. He went on to form the 10th Regiment of the Communist Party of Malaya and continued to wreak havoc until the Hat Yai Peace Agreement was signed on 2 December 1989.
When Dr Mahathir commented on the issue of Chin Peng’s ashes being brought back to Malaysia he said that if the likes of Shamsiah Fakeh and Rashid Maidin could be brought back home without any hassle, why can’t Chin Peng’s ashes be brought back too? What could his ashes do? Mahathir is known for his display of malingering amnesia, usually seen in people who fake amnesia to commit insurance fraud or to avoid criminal punishment.
Shamsiah Fakeh joined the CPM after PKMM, API and AWAS were declared illegal by the authorities. After eight years of struggle, she was ordered to go to Beijing where she operated the Siaran Melayu Radio Beijing Antarabangsa, otherwise known as Suara Revolusi Malaya (I used to listen to it over short wave frequency when I was a teenager). In 1965, she was in Indonesia where she formed the Malayan National Freedom League, when Suharto launched a coup and Sukarno was deposed. As a result, Shamsiah Fakeh was arrested and spent two years in prison.
She returned to China in 1967 to find that the CPM had split into three – the CPM, the CPM Revolutioner and the CPM – Marxist Leninist. She and her husband Ibrahim became strong critics of the CPM and were eventually expelled from the organisation. This was probably one of the reasons that she was brought back by the Prime Minister’s Research Department on 23 July 1994; psychologically she was already against the CPM. Who was the Prime Minister who allowed her to return then?
Were Rashid Maidin and Abdullah CD allowed to return home as claimed by Mahathir? The answer is no. However, they were granted visit passes as agreed in the Hat Yai Agreement. Each time that they wanted to enter Malaysia to visit relatives they would have to inform the police first and a pass would be issued to them. Rashid Maidin died in Amphoe Si Sakhon, Changwat Narathiwat in September 2006 while Abdullah CD still lives in Amphoe Sukhirin, Changwat Narathiwat and is 96 years old. Who was the Prime Minister and Minister of Home Affairs who denied them citizenship and a chance to return to Malaysia?
Remember how Abdullah CD escaped from an internment camp in Melaka after speaking to the Malayan Civil Service supervisor? He would not have made it to the apex of the CPM if he cannot convince people and turn them over. Chin Peng was also good at psychological warfare.
It was in the mid-1980s when my father who was the Inspector-General of Police asked Sarawak Police Commissioner Yuen Yuet Leng if it was a good time to ask the CPM to surrender. Yuet Leng replied, “Sir, I believe the CPM is very tired. If you give them a pillow, they will go to sleep.”
It was around this time that Abdullah CD wrote a letter to then Encik Ghafar Baba asking to negotiate for peace. The police then assigned Rahim Noor who was the Director of Special Branch then to handle the issue. The police asked permission from Ghafar to assume his identity and correspond with Abdullah CD. In the end, the CPM agreed to receive someone who would be in the position to make decisions on behalf of the Malaysian government. For this, the police extended the service of a Chinese police officer who was on the verge of retirement (not Yuet Leng as the CPM knew him) to pose as this senior official. This senior police officer was then brought to Mahathir’s office for a photo of them together to be taken and shown to the CPM. The CPM took the bait and allowed Rahim and the Chinese police officer to negotiate with them, with Yuet Leng in the background advising.
Spending too much time with Chin Peng can make you sympathise with him easily, just as Abdullah CD was with the MCS supervisor. One day Rahim came to my father and asked if it would be okay for him to bring Chin Peng to speak directly to Mahathir as how he had spoken directly with Tunku Abdul Rahman in 1955.
“Who is Chin Peng to speak to Mahathir? Tunku was not a Prime Minister when Chin Peng spoke to him. Chin Peng is only at your level. That is why I sent you to speak to him,” said my father to Rahim.
Judging by Rahim’s attempt to get Chin Peng to meet with Mahathir, and his recent comment on the issue of the former’s ashes, it is of no surprise that Rahim could be suffering from the Lima Syndrome which is the total opposite of the Stockholm Syndrome. How can a former Inspector-General of Police who was also a former Director of Special Branch have forgotten the sacrifices of the men of the Royal Malaysian Police fighting with this monster? How could he, as the Director of Special Branch, allowed himself to be used by Chin Peng?
And as for Mahathir the political chameleon, it is evident that in order to score political points, he would say just about anything short of “come and lynch me”. It never matters to him who died, who had lost a husband, sons, brothers be they Malay, Chinese, Iban or Indian, fighting the communists, as long as he is seen ‘rationale’ in the eyes of those who had wanted Chin Peng back in this country. The epitome of dog-eat-dog.
I only have one word to describe Mahathir and Rahim – disgusting.
Six years ago a psychopathic god called Chin Peng, kicked the bucket. He died as he had lived – on a foreign soil, as a foreigner.
Chin Peng was never a citizen of this country, nor was he a citizen of the Federation of Malaya before our independence. He never met the criteria stipulated in Part 1.1(a) of the Second Schedule of the Federal Constitution.
Hitler killed Jews for only five years.
Chin Peng waged war against the people he was supposed to liberate for 41 years. Why did Chin Peng not stop as soon as the Tunku had announced Malaya’s independence in Melaka in 1956?
Why did he continue to wage war against this nation and her people?
The British government servants were all serving the Sultans and Rajas and were answerable to the latter, with the exception of Penang, Melaka and Singapore that were colonies of the British Empire.
So Chin Peng was not interested in fighting against colonialism, the Japanese also did that in Malaya!
Chin Peng was more interested in assuming this nation under communism, as a satellite nation to the People’s Republic of China. And thousands died fighting this man who was adamant to destroy their religion and way of life.
For his ashes to have been allowed to be brought back to pollute our sacred nation’s soil after all the sufferings that he had caused, is the ultimate insult to those whom had lost fathers, brothers, sons, mother, daughters, sisters, limbs, combatting this terrorist.
What is more insulting is that this happened under the nose of our police force. I wonder who gave the permission for his ashes to be brought back here. Would you like to hazard a guess?
Chin Peng was never interested in coming back to Malaysia. 1,188 members of the Communist Party of Malaya (CPM) were all that was left during the signing of the agreement to end hostilities in Hat Yai on 2 December 1989. The CPM was given one year till 1 December 1990 to submit a list of those who wished to return to Malaysia. Only 694 were Malaysian, Indonesian and Singapore nationals. Two were former soldiers of the Imperial Japanese Army. The other 492 were Thai nationals.
Of the 1,188 only 431 applied to return. The list did not include Chin Peng’s name. Of the 431, only 338 were allowed to return. 93 had their application rejected because they were non-citizens or did not fulfil the requirements of the agreement – Malaysian citizen, of Malaysian origin, born post Merdeka, or post Malaysia Day 1963, or spouse, or child of either if one is an alien.
Each applicant was to stay in the designated places in southern Thailand for at least six months prior to making an application to return. Where was Chin Peng? Well, he was never in south Thailand. He wrote a letter to Malaysia’s Prime Minister from an apartment in Bangkok.
So why should the ashes of the butcher of Bekor, and the head of Malaysia’s largest terrorist organisation which is still in existence, have been allowed to be brought back here? He had no love whatsoever for this country.
And what are the police going to do after this faux pas of theirs? Had the organisers who brought back the ashes of their psychopathic god not committed an offence or two under the Societies Act, 1966? Or is the rule of law only applicable to those not in favour of the current regime?
You are Polis DiRaja Malaysia. Your allegiance is not to your political masters but to the Yang di-Pertuan Agong and the Malay Rulers whom the Agong represents. What are you going to do about these people whom had brought the ashes of the man who waged a war of terror against your Yang di-Pertuan Agong and his subjects?
Perhaps Mahathir is already incoherent. Article 71 of the Federal Constitution guarantees the Constitution of the States.
If there is any conflict between the state’s constitution with that of the Federal Constitution, then the matter has to be decided by a Constitutional Court.
Example: Selangor’s Shariah Offences Enactment gives power to the state religious affairs authority to confiscate Bibles printed in the Malay language or using one of the 25 prohibited terms such as Allah. This is in conflict with with Article 11 of the Federal Constitution, but is applicable in Selangor until such time a Constitutional Court declares it null and void.
While Malaysia is a Constitutional Monarchy, Article 181(1) of the Federal Constitution states:
“Subject to the provisions of this Constitution,” the “sovereignty, prerogatives, powers and jurisdiction of the Rulers…as hitherto had and enjoyed shall remain unaffected.”
The same was noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:
“…a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89)
In other words, the Rulers may be Constitutional Monarchs, but they are not limited to what have been spelt out in the Federal Constitution.
Now, back to who has the right to appoint the Menteri Besar of Johor since the Constitution of Johor is not void? Please refer to the photo below which is a screenshot of the Constitution of Johor regarding the appointment of the Menteri Besar:
You can fool the uneducated voters, but you can’t fool the likes of me.
I do not think that we have seen the end of the volleys fired at each other between the Tunku Mahkota of Johor (TMJ) and the Government. Although I disagree with the TMJ whenever he writes about anti-federalism, I agree with his stand to protect the Federal Constitution. He may not have the protection from the law as he is not the Head of State, but his courage and determination to go at loggerheads with the Government on this matter deserves support.
According to Barisan Nasional Member of Parliament Annuar Musa, the recent Rulers Council meeting saw the Attorney-General Tommy Thomas and Foreign Minister Saifuddin Abdullah summoned by His Majesties to explain on the clandestine ratification of the Rome Statute.
His Majesties also summoned Emeritus Professor Shad Saleem Faruqi, a Professor of Law in the University of Law, who is a proponent of the Rome Statute. Also summoned were four academicians opposed to the statute: Law and Constitution lecturers Professor Datuk Dr Rahmat Mohamad, Associate Professor Dr Shamrahayu Ab Aziz, Dr Fareed Mohd Hassan and Hisham Hanapi.
Only after listening to all above did the Rulers Council leave it to the Yang DiPertuan Agong, who represents the Rulers Council, to take the matter with the Prime Minister. The Rulers Council could have there and then issued a statement to show their displeasure at the manner their Government had acted in matters that could have an impact on the rights and position of Islam as the religion of the Federation, the Malay Rulers, the privileges of the the Malays and Bumiputeras, and the National Language.
This is not the first time that Saifuddin has gotten himself in hot soup. When he was a Minister in Najib Razak’s administration, he came up with a National Unity Bill when that was not the term given to him as Chairman of the National Unity Consultative Council. As a result, Najib Razak and the Attorney-General then were summoned to the same meeting four years ago and received a telling or two.
Mahathir was very obviously furious as seen in the video of a press conference made after announcing Malaysia’s pulling out of the Rome Statute, and unnecessarily alarmed the people with words like coup-d’etat to justify the Government’s about turn.
What he, and his supporters seem to have forgotten is that he is the Prime Minister of His Majesty’s government. It was the agreement signed between their Majesties with the ruling coalition in 1957 to transfer the administrative powers vested in the British advisors by their Majesties from the former, to the government that was elected by the people.
This was true then, true when the British were still here, and still true now that although the Rulers had divested much of their independence, they remain sovereign; and independence is not equal to sovereignty.
As a principle of international law, sovereignty denotes, in its purest form, the concept of a ‘supreme authority’ be it an individual or a collective unit and implied power to exercise independence both internationally and domestically.
And Professor Datuk Dr Ramlah Adam rightfully pointed out that the powers of the Malay royalty are now included in the Federal Constitution. They (the Rulers Council) should have been consulted first, as accorded by the Constitution, before the government took unilateral decisions to introduce and ratify ICERD and the Rome Statute.
Other than having the rights to be consulted, to encourage and to warn in daily administrative matters, the Malay Rulers also have the duty to protect the sanctity of Islam as the religion of the Federation and the states they reign over, the special privileges of the Malays and Bumiputeras, the special position of the Malay language as the National language.
These are the rights enshrined in the Federal Constitution, and any attempt to introduce anything that has any effect on the above, will need the agreement of the Rulers Council. Any deviation from that is against the Federal Constitution and the spirit in which it was made and agreed to by our forefathers with all the parties involved.
And I saw an online comment by a non-Malay netizen asking what have the Malay Rulers done that have benefitted the people? After the post-World War 2 racial clashes that saw the birth of the First Emergency, the British based on a priori saw the need to resettle the Chinese in camps while between 20,000 and 50,000 be sent back to China.
The plan moved at a snail’s pace due to the objections by many, and with the total withdrawal of the Kuomintang to Formosa, the repatriation of the Chinese came to a halt in September 1949 when the Communist Party of China closed off all ports and beaches. Only 6,000 Chinese from Malaya were sent back (Anthony Short, 1975 pp 178-201). The rest were settled in new villages to curb them from supplying the Communist Party of Malaya with food and other essentials.
Most of them had never had any form of allegiance to Malaya, its Rulers and government. Therefore, in granting citizenship to them they were required to give allegiance to the Rulers and the Federation.
That is the price you have to pay to become the citizens of this nation.
The same goes to all the Members of Parliament and members of the government cabinet: you have all taken an oath of allegiance to the Yang DiPertuan Agong, who represents the other eight Malay Rulers. State executive councillors and elected representatives have also taken the oath of allegiance to their respective Ruler. You are all administering the governments of the Federation and its states on behalf of the Malay Rulers, therefore it is totally unbecoming for you to act as though they are equals.
As in the words of Tengku Amer Nasser Ibrahim, the adopted son of the 16th Yang DiPertuan Agong, posted to his Instagram story:
“Tadbir” must be accompanied by “Adab”, only then will the outcome be just.
So, stop toying around with the Malay Rulers, the sanctity of Islam, the privileges of the Malays and Bumiputeras, and the special position of the Malay language as the National language.